[Adopted 1-16-1985 by L.L. No. 2-1985
(Ch. 25 of the 1974 Code)]
As used in this article, the following terms shall have the meanings
indicated:
That delivery site designated by the County of Putnam for delivery
of solid waste collected in the Town of Putnam Valley.
Residential, governmental, industrial and/or commercial refuse, but
shall not include the following: human wastes; rendering wastes; commercially
generated construction and/or demolition debris or wastes; residue from incinerators
or other destructive systems for processing waste, other than now-existing
individual building incinerators whose residue is presently collected as part
of normal municipal collections; junked automobiles or pathological, toxic,
explosive or radioactive material or other hazardous wastes which, according
to existing or future federal, state or local laws, rules or regulations,
require special handling in their collection and/or disposal.
No person shall engage in or conduct the business of collecting solid
waste within the Town of Putnam Valley or transport the same through said
town until such person shall apply for and obtain a license to engage in such
business, as herein provided.
[Amended 4-15-1998 by L.L. No. 5-1998]
An application for such a license shall be made in writing to the Town
Clerk and upon a form prescribed by the Town Board, together with the sum
as set forth from time to time by resolution of the Town Board.
A.
Such application shall contain the following information:
(1)
A description of the vehicle or vehicles which shall
be used to collect and transport solid waste, including vehicle identification
numbers and license plate numbers.
(2)
A description or map of collection routes within the
Town of Putnam Valley and the approximate number of customers or houses served
on each route.
(3)
A weekly collection schedule for each collection route
within the Town of Putnam Valley.
(4)
A current rate schedule, if applicable.
(5)
The name and location of the facility or facilities at
which the applicant will dispose of all solid waste collected within Putnam
Valley.
B.
An amended application shall be filed by the licensee
within 30 days of any change should any of the information provided in the
current application be no longer correct.
C.
No license shall be issued unless first approved in writing
by the Town Board after it has been determined that such approval is in the
public interest and in conformity with the rules and regulations promulgated
by the said Board.
Before the issuance of a permit by the Town Clerk, the applicant shall
furnish a certificate of insurance showing that the applicant has, in full
force and effect, comprehensive general liability insurance of $300,000, including
product liability and completed operations insurance, and property damage
coverage of $50,000. Motor vehicle liability insurance shall be provided for
$300,000 with $50,000 property insurance coverage. In addition, the Town Clerk
shall require a certificate of workers' compensation insurance.
A.
All solid waste collected within the Town of Putnam Valley
shall be taken to and deposited at the point of entry, if any, designated
by the County of Putnam for solid waste collected within the Town of Putnam
Valley. No solid waste collected outside of the Town of Putnam Valley shall
be taken to said point of entry.
B.
If no point of entry has been designated by the County
of Putnam, the applicant shall dispose of solid waste collected in the Town
of Putnam Valley only at a facility approved for that purpose by the New York
State Department of Environmental Conservation.
For each application approved by the Town Board, the Town Clerk shall
issue a medallion to be affixed to each vehicle listed in the application,
which medallion shall be prominently displayed on the door on the driver's
side of said vehicle and shall not be removed during the year in which the
license remains in force.
[Amended 4-15-1998 by L.L. No. 5-1998]
A license issued under the provision of this article shall expire at
the end of the calendar year of the date of issue. Applications for renewal
of such license may be filed with the Town Clerk within 30 days before the
expiration of such license, together with the sum as set forth from time to
time by resolution of the Town Board, which shall constitute the renewal fee
therefor.
All vehicles or implements used in connection with the collection and
transportation of solid waste shall be kept in an inoffensive and sanitary
condition and, when not in use, shall be stored and kept so as not to create
a nuisance.
A.
All persons licensed to collect solid waste and to transport
the same shall, at all times, comply with the requirements of all laws and
of all rules and regulations of any state, county and town department or bureau
thereof having jurisdiction.
B.
[Added 3-22-2000 by L.L. No. 3-2000]
Contracts. It shall be illegal for any licensee to require any resident to
execute a written contract or to incorporate in its contracts or proposed
contracts any provision or clause which provides or is substantially similar
to any of the following:
(1)
Contains any type of automatic renewal clause.
(2)
Purports to allow the licensee to assign the contract
without the consent of the resident.
(3)
Contains a liquidated damages or penalty clause; provided,
however, that the licensee may require the resident to provide up to 30 days
notice prior to canceling the contract.
(4)
Provides for a term of more than one year, unless the
licensee agrees to unconditionally guarantee a set price for such term, not
to exceed two years.
(5)
Grants the licensee collection costs and/or attorneys
fees, unless the contract also grants the resident a corresponding reciprocal
right to recoup his/her costs and fees in the event they are the prevailing
party in any such action or proceeding.
(6)
Purports to grant the licensee the unilateral right to
modify the contract, or to exculpate itself from liability for its own breaches
of the contract, except for "act of God" and similar causes.
(7)
Deprives the resident of the right unconditionally to
cancel the contract for nonperformance by the licensee.
Any license issued under this article may be revoked by the Town Board
if it is found, after a public hearing, that the holder of such license has
violated any provision of this article or that the required insurance is not
in force or that the holder of such license has disposed of solid waste collected
within the Town of Putnam Valley other than at the point of entry designated
by the County of Putnam, if a point of entry has been established, or at a
disposal site not approved by the New York State Department of Environmental
Conservation or that the holder of such license has unlawfully disposed of
solid waste collected outside of the town at a facility open only for the
disposal of solid waste collected within the town or county. Such hearing
shall be held after a written notice of the same is given to the licensee
at least five days before such hearing and directed to the last known address
of said licensee.
[Amended 4-15-1998 by L.L. No. 5-1998]
Any person violating the provisions of this article, notwithstanding the revocation provisions referred to in § 97-11, shall, upon conviction thereof, be liable to a fine or penalty not to exceed the sum of $250 for each offense or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
In addition to proceeding criminally against a violator of this article,
a civil penalty of not less than $50 nor more than $200 may be recovered by
the Town of Putnam Valley in a civil action for each violation thereof.
Every day that a person, firm or corporation collects solid waste without
the license provided for herein shall constitute a separate violation and
shall subject the offender to a separate criminal and separate civil action
and penalty.
Every officer and director of a corporation which is engaged in the
collection of solid waste within the town shall be personally liable for each
violation of this article where the corporation which he or she represents
is operating without compliance herewith.
The provisions of this article shall not apply to one not regularly
engaged in the business of the collection of household, industrial or commercial
solid waste.
This article shall be enforced by the current enforcement authority.
